and unpaid, or if default shall be made in any of the covenants herein contained, or said lessee shall allow undue waste or destruction of any of the crops growing thereon, then it shall be lawful for the administrator [or, executor] of said estate, or his authorized agent, to re-enter and re-possess the said premises at once, without notice, and the said lessee and each and every occupant to remove and put out. Executed in duplicate under our hands, at this day of ..... 19..... [Signatures of lessor and lessee.] 239. Order Approving Executed Lease. [Indorse on the executed lease, No. 238, the following]: The above lease was approved by an order made by the Court of the County of...... ..... in the State of............, and entered in the Matter of the Estate of........., Deceased, on the day of ............, 19..... ............ [Signature and seal of judge or surrogate.] ARTICLE XII. MORTGAGES. 240. Petition to Mortgage Real Estate. Your petitioner undersigned respectfully shows: That he is the administrator of the estate [or, the executor of the last will and testament] of the said decedent, That the following described real property, belonging to said estate and located in the County of ........ in the State of..... to wit, a tract of land containing about ............ acres, comprising the..... .... of Section No. ...... Township No. ..... Range No. [or, describe the tract by metes and bounds], together with the tenements, hereditaments and appurtenances thereto belonging, was mortgaged during the lifetime of the said decedent by mortgage a copy of which is hereto attached, marked "Exhibit A" and made a part hereof, to secure the payment of a principal debt in the sum of $, on a promissory note on which there is due at this time the sum of $............. That there is not sufficient money belonging to said estate to pay said mortgage debt and interest as aforesaid together with the taxes in the sum of $............ standing as a lien against said realty and with the further sum of $............ taxes due and unpaid at this time. And the total amount of the principal debt, interest and taxes is the sum of $.............. That the best interests of the heirs at law [or, legatees] of said decedent require that said mortgage contract shall be renewed and extended [or, that a new mortgage be executed for the purpose of paying off and procuring a release of the aforesaid liens]. And the expense incident to perfecting such renewal [or, new mortgage] will probably aggregate the sum of $.. ........ as That the present legal owner of said mortgage and of the debt thereby secured offers to execute a contract for the renewal of the mortgage and for the extension of the time for payment of said secured debt, a copy of which contract is hereto attached, marked "Exhibit B" and made a part hereof. [Or, ..... mortgagee, offers to loan to said administrator (or executor), for the use of the legal owners of said realty the last aforesaid sum of $............, for the purpose of paying off and cancelling the mortgage first aforementioned and the debt thereby secured, such new loan to be secured by a mortgage, a copy of which is hereto attached, marked Exhibit B and made a part hereof.] Wherefore your petitioner prays the court for an order authorizing him to execute the contract for the extension of time of payment of the indebtedness secured by mortgage as first aforesaid [or, authorizing him to execute a new note on a new contract of mortgage as last aforesaid], together with the said taxes due and the expenses, in the aforesaid total sum of $........... [Signature of administrator or executor.] [Attach a copy of the proposed renewal contract or a copy of the proposed new note and mortgage.] 241. Order for Hearing Petition to Mortgage Realty. [Title.] Now, on this ..... day of ........, 19...., this matter comes on to be heard on the petition of ............, as the administrator of the estate [or, the executor, etc.] of the said decedent, ............. asking that an order be made authorizing the said petitioner to execute a renewal contract for extending the time of payment on a certain promissory note due to .... ...., on which note and the mortgage contract given to secure the same there is due at this time, for principal, interest and taxes advanced, the sum of $............, over and above all legal set-off [or, to execute a new note in the principal sum of $, with interest thereon at the rate of per centum, per annum, due on the day of ............, 19...., payable to the order of ......, and secured by a first mortgage on the realty hereinafter described, for the purpose of paying off and releasing a certain note given by the said decedent to ............, during his lifetime, said note being secured by a lien on said lands, the same being now owned by the amount due thereon for principal, interest and taxes advanced being the sum of $............, and the expenses incident to perfecting such new mortgage being the sum of $...........], the real property given to secure said mortgage being a part of the said decedent's present estate, and the same being described as [etc., as in No. 240]. .... day of Therefore, it is ordered by the court that the ............, 19.... (............), at the hour of o'clock, M., be, and the same is hereby appointed as the time when all persons interested in said estate are directed and required to appear before this court in said cause, to show cause, if any, why an order should not be granted to said petitioner to mortgage said realty [or, to make a renewal contract] as aforesaid, for the purpose of satisfying the indebtedness (and costs) aforementioned. [Signature of judge or surrogate.] 242. Notice of Hearing Petition to Mortgage Realty. [Use certified copy of No. 241.] 243. Proof of Publication of Notice. [Formulate from No. 28.] 244. Order to Mortgage Realty, Etc. [Title.] Now, on this ....... day of ......., 19...., the administrator of the estate [or, the executor, etc.] of the said decedent. having heretofore presented to this court and filed herein a petition in due form, praying for an order authorizing him to enter into a contract for and to renew or extend the time of payment of the mortgage and debt which constitute a lien upon part of the realty left by said decedent [or, to execute a new mortgage and note for the purpose of procuring money to pay off and release the mortgage debt and lien upon part of the realty left by said decedent], which said mortgage, the real estate included therein, the debt secured by the lien, the taxes assessed and due on said realty, and such reasonable expenses as may be incident to perfecting such renewal contract [or, such new mortgage] are all set forth in said petition, and it appear ing to the court upon satisfactory proof that a copy of the order of this court made and entered herein on the ............. day of, 19...., appointing the day first aforesaid the time for hearing the said petition, was served in the manner provided by law upon all persons interested in said estate, the said petitioner now appears in person and by his attorney, ............, and also appears ...., of said deceased, and the matter of said petition coming on regularly to be heard, the court, upon due examination and consideration of said petition, and after being duly advised in the premises, finds from the evidence that the best interests of the legal owners of the real estate mentioned in said petition require that the prayer of said petition should be granted. It is, therefore, considered, ordered and adjudged by the court, that the said administrator [or, executor] of said estate be, and he is hereby authorized and empowered to execute a renewal contract providing for the payment of the sum of $............. with interest at the rate of .... per cent. per annum, from the .................... day of ................................, 19...., due on the ..... day of ............. 19., to, or order, and providing for the renewal of the mortgage which is recorded in Real Estate Mortgage Record No. .... at page of the records in the office of the ............ of the County of ... ..... in the State of.... .... [or, to execute a new mortgage upon the property described herein to the amount of $.......], and that said amount be applied to renew [or, liquidate] the mortgage now existing on said premises, viz: A tract of land containing about acres [etc., as in No. 240]. And it is further ordered that said, after executing the contract [or, mortgage] herein authorized, make due return of his proceeding hereunder, to this court, on or before the ............. day of ....., 19..... [Signature of judge or surrogate.] 245. Report of Execution of Mortgage, Etc. [Title.] To the Hon. of said Court: The undersigned administrator of the estate [or, executor, etc.] of the said decedent, respectfully reports: ...., That on the ...... day of in accordance with the prior order of this court, he entered into a contract with ............ for and to renew or extend the time of payment of the sum of $............ due on the promissory note executed by said decedent on the day of............, 19...., to ............, and secured by mortgage on the following described real estate located in the County of ...... in the State of, viz, [describing the realty] which mortgage is recorded in Vol. ............ of real estate mortgages, at page............, in the office of the of last said county, said renewal having been executed by virtue of a written contract, a copy of which is attached to the petition therefor filed herein on the day of............, 19.... [or, he executed a new mortgage to, on the following described real estate (etc., as above), to secure the payment of a promissory note in the sum of $............, with interest at the rate of .... per centum, per annum. from the ............ day of ............, 19...., and due on the day of, 19...., a copy of which mortgage is attached ..... .......... ............ 'to the petition therefor filed herein on the Submitted and dated this ............ day of ............, 19...... 246. Mortgage as Executed. This indenture, made this day of, 19, by and between, the duly qualified and acting administrator of the estate [or, the executor, etc.] of............, deceased, party of the first part, and ............, party of the second part, witnesseth: That, by virtue of an order made and entered by the Court in and for the County of in the State of.........., in probate cause No. ...... in the matter of the estate of said decedent, on the ... day of ............, 19...., said party of the first part, in consideration of the sum of ...... dollars ($), the receipt of which (for the benefit of said estate) is hereby acknowledged, does by these presents grant, bargain, sell and convey unto said party of the second part, his heirs and assigns, the following described real estate, situated in the County of............ in the State of ......, to wit: [Here describe the property.] To have and to hold the same, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, forever. Provided, always, and these presents are upon this express condition, that whereas, said ............, as such administrator [or, executor] has this day executed and delivered his certain promissory note, in writing, to said party of the second part, of which |